BILL ANALYSIS Senate Research Center S.B. 882 By: Whitmire Criminal Justice 7/15/2011 Enrolled
BILL ANALYSIS
Senate Research Center S.B. 882
By: Whitmire
Criminal Justice
7/15/2011
Enrolled
Senate Research Center
S.B. 882
By: Whitmire
Criminal Justice
7/15/2011
Enrolled
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT Chapter 17 (Bail), Code of Criminal Procedure, authorizes counties to create personal bond pretrial release offices to give judges another tool to utilize for the purpose of releasing individuals from jail. To provide oversight for these offices, Article 17.42 (Personal Bond Office), Code of Criminal Procedure, requires certain monthly reports to be posted in the county clerk's office. The purpose of this bill is to provide more clear direction to the counties that the monthly reports should be filed with the county clerk's office. This change is meant to ensure that the reports are maintained over time to provide for review and greater oversight by the county commissioner's court. S.B. 882 amends current law relating to the filing of a copy of certain records related to the release of accused persons on personal bond. RULEMAKING AUTHORITY This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 5(a), Article 17.42, Code of Criminal Procedure, to require a personal bond pretrial release office (office) established under this article to perform certain duties, including filing, rather than posting, a copy of a record containing certain information in the office of the clerk of the county court in any county served by the office. SECTION 2. Makes application of this act prospective. SECTION 3. Effective date: upon passage or September 1, 2011.
AUTHOR'S / SPONSOR'S STATEMENT OF INTENT
Chapter 17 (Bail), Code of Criminal Procedure, authorizes counties to create personal bond pretrial release offices to give judges another tool to utilize for the purpose of releasing individuals from jail. To provide oversight for these offices, Article 17.42 (Personal Bond Office), Code of Criminal Procedure, requires certain monthly reports to be posted in the county clerk's office. The purpose of this bill is to provide more clear direction to the counties that the monthly reports should be filed with the county clerk's office. This change is meant to ensure that the reports are maintained over time to provide for review and greater oversight by the county commissioner's court.
S.B. 882 amends current law relating to the filing of a copy of certain records related to the release of accused persons on personal bond.
RULEMAKING AUTHORITY
This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.
SECTION BY SECTION ANALYSIS
SECTION 1. Amends Section 5(a), Article 17.42, Code of Criminal Procedure, to require a personal bond pretrial release office (office) established under this article to perform certain duties, including filing, rather than posting, a copy of a record containing certain information in the office of the clerk of the county court in any county served by the office.
SECTION 2. Makes application of this act prospective.
SECTION 3. Effective date: upon passage or September 1, 2011.